Employer's liability in the event of an accident at work

Questioner

If an accident occurs at work, and the employer is liable according to Article 658. Do you also have to prove whether an unlawful act has been committed? Or is Article 658 sufficient to sentence someone to pay damages, for example?

Lawyer

Dear questioner, No, if the employer is liable under Article 7:658 of the Dutch Civil Code, you do not also have to prove that there was an unlawful act. Good luck

Lawyer

You undoubtedly mean article 7:658 of the Dutch Civil Code. That article includes liability for the employer. Unless there is intent or deliberate recklessness on the part of the employee, the employer is generally liable if the workplace is not set up in such a way that an employee is prevented from suffering damage. If you meet these requirements, you no longer have to prove that an unlawful act has taken place. This does not mean, however, that if an employee suffers injury or other damage while performing his work, the employer must always compensate for that damage. After all, there must be a workplace that is not designed in such a way that damage is prevented and then the employer is liable (for fault). An example from case law is an employee in a butcher's shop who cuts himself with a knife. In that case, the judge ruled that the employer is not liable for fault because the employer had designed the workplace properly and the employee should have realised that the bread knife was sharp.